It is the purpose of this Chapter to provide a just, equitable
and practicable method for the repairing, vacation or demolition of
buildings or structures that may endanger the life, limb, health,
property, safety or welfare of the occupants of such buildings or
the general public and this Chapter shall apply to all dangerous buildings,
as herein defined, that now are in existence or that may hereafter
exist in the City of Warrenton, Missouri.

Those
with interior walls or other vertical structural members that list,
lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside the middle third of its base.

Those
that, exclusive of the foundation, show thirty-three percent (33%)
or more damage or deterioration of the supporting member or members
or fifty percent (50%) damage or deterioration of the non-supporting
enclosing or outside walls or covering.

Those
that have become so dilapidated, decayed, unsafe, unsanitary or that
so utterly fail to provide the amenities essential to decent living
that they are unfit for human habitation, or are likely to cause sickness
or disease, so as to work injury to the health, safety or welfare
of those occupying such building.

In all
cases where a "dangerous building/public nuisance" is a fire hazard
existing or erected in violation of the terms of this Chapter or any
ordinance of this City or Statute of the State of Missouri, it shall
be repaired or demolished.

Inspect
or cause to be inspected, as often as may be necessary, all residential,
institutional, assembly, commercial, industrial, garage, special or
miscellaneous occupancy buildings for the purpose of determining whether
any conditions exist that render such place to be a dangerous building
when he/she has reasonable grounds to believe that any such building
is dangerous.

Inspect
any building, wall or structure about which complaints are filed by
any person to the effect that a building, wall or structure is or
may be existing in violation of this Chapter and the Building Inspector
determines that there are reasonable grounds to believe that such
building is dangerous.

Notify in writing, either by personal service or by certified mail, return receipt requested or if service cannot be had by either of these modes of service, then by publication in a newspaper qualified to publish legal notices in Warren County for two (2) successive weeks the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Warren County of any building found by him/her to be a "dangerous building/public nuisance" within the standards set forth in Section 505.020 of this Code and that:

The
owner must vacate, vacate and repair or vacate and demolish said building
and clean up the lot or property on which the building is located
in accordance with the terms of the notice and this Chapter.

The
mortgagee, agent or other persons having an interest in said building
as shown by the land records of the Recorder of Deeds of Warren County
may, at his/her own risk, repair, vacate or demolish the building
and clean up the property or have such work done; provided, that any
person notified under this Subsection to repair, vacate or demolish
any building or clean up the property shall be given such reasonable
time not exceeding thirty (30) days to commence the required work.

The
notice provided for in this Section shall state a description of the
building or structure deemed dangerous, a statement of the particulars
that make the building or structure a dangerous building, a statement
indicating that as a dangerous building, said building or structure
constitutes a nuisance and an order requiring the designated work
to be commenced within the time provided for in the above Subsection.

Report
in writing to the City Building Commissioner the non-compliance with
any notice to vacate, repair, demolish, clean up the property or upon
the failure to proceed continuously with the work without unnecessary
delay.

Immediately
report to the Building Commissioner concerning any building found
by him/her to be inherently dangerous and that he/she determined to
be a nuisance per se. The Building Commissioner may direct that such
building be marked or posted with a written notice reading substantially
as follows:

"This building has been found to be a dangerous building by
the Building Inspector. This notice is to remain on this building
and/or property until it is repaired, vacated or demolished and the
property is cleaned up in accordance with the notice that has been
given the owner, occupant, lessee, mortgagee or agent of this building
and all other persons having an interest in said building as shown
by the land records of the Recorder of Deeds of Warren County. It
is unlawful to remove this notice until such notice is complied with."

Provided however, that the order by the Building Commissioner
and the posting of said notice, shall not be construed to deprive
all persons entitled thereto by this Chapter to the notice and hearing
prescribed herein.

Supervise
all inspections required by this Chapter and cause the Building Inspector(s)
to make inspections and perform all the duties required of him/her
by this Chapter. Upon receiving a complaint or report from any source
that a dangerous building exists in the City, the Building Commissioner
shall cause an inspection to be made forthwith. If the Building Commissioner
deems it necessary to the performance of his/her duties and responsibilities
imposed herein, the Building Commissioner may request an inspection
and report be made by any other City department or retain services
of an expert whenever the Building Commissioner deems such service
necessary.

Upon
receipt of a report from the Building Inspector(s) indicating failure
by the owner, lessee, occupant, mortgagee, agent or other person(s)
having an interest in said building to commence work of reconditioning
or demolition within the time specified by this Chapter or upon failure
to proceed continuously with work without unnecessary delay, hold
a hearing giving the affected parties full and adequate hearing on
the matter.

Give
written notice of said hearing, either by personal service or by certified
mail, return receipt requested or if service cannot be had by either
of those modes of service, then by publication in a newspaper qualified
to publish legal notices, at least ten (10) days in advance of the
hearing date, to the owner, occupant, mortgagee, lessee, agent and
all other persons having an interest in said building as shown by
the land records of the Recorder of Deeds of Warren County who may
appear before the Building Commissioner on the date specified in the
notice to show cause why the building or structure reported to be
a dangerous building should not be repaired, vacated or demolished
in accordance with the statement of particulars set forth in the Building
Inspector's notice as provided herein. Any party may be represented
by counsel and all parties shall have an opportunity to be heard.

If the
evidence supports a finding based upon competent and substantial evidence
that the building or structure is a dangerous building and a nuisance
and detrimental to the health, safety or welfare of the residents
of the City, the Building Commissioner shall issue an order based
upon its findings of fact commanding the owner, occupant, mortgagee,
lessee, agent or other person(s) having an interest in said building
as shown by the land records of the Recorder of Deeds of Warren County
to repair, vacate or demolish any building found to be a dangerous
building and to clean up the property, provided that any person so
notified shall have the privilege of either repairing or vacating
and repairing said building if such repair will comply with the ordinances
of this City or may vacate and demolish said dangerous building at
his/her own risk to prevent the acquiring by the City of the lien
against the land where the dangerous building stands. If the evidence
does not support a finding that a building or structure is a dangerous
building or a nuisance or detrimental to the health, safety or welfare
of the residents of the City, no order shall be issued.

If the owner, occupant, mortgagee or lessee fails to comply with the order within thirty (30) days, the Building Commissioner shall cause such building or structure to be repaired, vacated or demolished and the property cleaned up as the facts may warrant. If the Building Commissioner or other designated officer or officers issues an order whereby the building or structure is demolished, secured or repaired or the property is cleaned up, the cost of performance shall be certified to the City Clerk or officer in charge of finance who shall cause a special tax bill or assessment therefor against the property to be prepared and collected by the City Collector or other official collecting taxes, unless the building or structure is demolished, secured or repaired by a contractor pursuant to an order issued by the City and such contractor files a mechanic's lien against the property where the dangerous building is located. The contractor may enforce this lien as provided in Sections 429.010 to 429.360, RSMo. Except as provided in Section 505.080, at the request of the taxpayer the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuance shall be deemed a personal debt against the property owner and shall also be a lien on the property until paid. Said tax bill or assessment shall bear interest at a rate of eight percent (8%) per annum until paid.

If there
are proceeds of any insurance policy based upon a covered claim payment
made for damage or loss to a building or other structure caused by
or arising out of any fire, explosion or other casualty loss, the
following procedure is established for the payment of up to twenty-five
percent (25%) of the insurance proceeds as set forth in this Subsection.
This Subsection shall apply only to a covered claim payment that is
in excess of fifty percent (50%) of the face value of the policy covering
a building or other structure:

The
insurer shall withhold from the covered claim payment up to twenty-five
percent (25%) of the covered claim payment and shall pay such monies
to the City to deposit into an interest-bearing account. Any named
mortgagee on the insurance policy shall maintain priority over any
obligation under this Chapter.

The City shall release the proceeds and any interest that has accrued on such proceeds received under Subparagraph (1) of this Subsection to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Subsection (6) of Section 505.070. If the City has proceeded under the provisions of Subsection (6) of Section 505.070, all monies in excess of that necessary to comply with the provisions of Subsection (6) of Section 505.070 for the removal, securing, repair and clean up of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.

If there are no proceeds of any insurance policy as set forth in Subsection (A) of this Section, at the request of the taxpayer the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.

The Building Commissioner may certify that in lieu of payment of all or part of the covered claim payment under Subsection (A) that it has obtained satisfactory proof that the insured has removed or will remove the debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the Building Commissioner shall issue a certificate within thirty (30) days after receipt of proof to permit covered claim payment to the insured without the deduction pursuant to Subsection (A) of this Section. It shall be the obligation of the insured or other person making the claim to provide the insurance company with the written certificate provided for in this Subsection.

Any owner, occupant, lessee, mortgagee, agent or any other person(s) having an interest in a dangerous building as shown by the land records of the Recorder of Deeds of Warren County may appeal such decision to the Circuit Court of Warren County, as provided for in Sections 536.100 to 536.140, RSMo., if a proper record as defined in Section 536.130, RSMo., is maintained of the hearing provided for in Section 505.070 hereof. Otherwise, the appeal shall be made pursuant to the procedures provided for in Section 536.150, RSMo.

In cases where it reasonably appears that there is immediate danger to the health, life, safety or welfare of any person unless a dangerous building, as defined herein, is immediately repaired, vacated or demolished and the property is cleaned up, the Building Inspector shall report such facts to the Building Commissioner and the Building Commissioner may cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in Sections 505.070 and 505.080.

In the event any building or structure is wrongfully demolished
by this City or is demolished without adhering to the procedures provided
in this Chapter, the City shall be liable for damages as determined
by a court of law in a suit brought by the party so damaged.

A permit shall be obtained for the demolition of all residential and commercial buildings. Fee for permit shall be as specified in Section 500.040(C). If after permit expiration the demolition has not been completed to the satisfaction of the Building Commissioner, then the City shall complete demolition and assess property owner for all cost involved.

The owner, occupant or lessee in possession of any dangerous building who shall fail to comply with the order to repair, vacate or demolish said building given by the Building Commissioner or who shall fail to proceed continuously without unnecessary delay; and any person removing any notices provided for in this Chapter; and any person violating any other provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be subject to the penalties specified in Section 500.090.